On March 7, Utah repealed and replaced its Social Media Regulation Act, which had previously been challenged in a pair of lawsuits by NetChoice and the Foundation for Individual Rights and Expression. The replacement legislation is spread across two enacted bills, SB 194 and HB 464. SB 194 contains the bulk of the legislation’s general provisions, while HB 464 includes a private right of action for certain harms associated with a minor’s use of algorithmically curated social media. We summarize below some of the key features of the new legislation, which will go into effect on October 1, 2024.Continue Reading Utah Repeals and Replaces Social Media Regulation Act
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State, Federal, and Global Developments in Children’s Privacy, Q1 2023
This year has been off to a busy start with respect to children’s and minors’ privacy legislation efforts. We wanted to take a moment to recap the latest developments across the board.
The most notable trend of the year thus far has been the widespread introduction of Age Appropriate Design…
Continue Reading State, Federal, and Global Developments in Children’s Privacy, Q1 2023European Commission publishes its Proposal for a European Media Freedom Act
On September 16, 2022, the European Commission published its Proposal for a European Media Freedom Act (“Proposed MFA”). The Proposed MFA is broadly designed to protect media pluralism and independence in the EU. It does so by setting a common set of rules “for all EU media players,” in particular, providers of “media services.” The Proposed MFA also imposes new obligations on providers of “very large online platforms” (“VLOPs”) as defined in the EU’s Digital Services Act (“DSA”).Continue Reading European Commission publishes its Proposal for a European Media Freedom Act
Ninth Circuit Denies Section 230 Defense in Products Liability Case
Last week, the Ninth Circuit ruled in Lemmon v. Snap, Inc., No. 20-55295 (May 4 2021), that 47 U.S.C. § 230 (“Section 230”) did not bar a claim of negligent product design against Snap, Inc., reversing and remanding a lower court ruling.
Continue Reading Ninth Circuit Denies Section 230 Defense in Products Liability Case
SAFE TECH Act Would Limit Scope and Redesign Framework of Section 230 Immunity
A number of legislative proposals to amend Section 230 of the 1996 Communications Decency Act (“Section 230”) have already been introduced in the new Congress. Section 230 provides immunity to an owner or user of an “interactive computer service” — generally understood to encompass internet platforms and websites — from liability for content posted by a third party.
On February 8, 2021, Senator Mark Warner (D-VA) introduced the Safeguarding Against Fraud, Exploitation, Threats, Extremism, and Consumer Harms Act (“SAFE TECH Act”), cosponsored by Senators Amy Klobuchar (D-MN) and Mazie Hirono (D-HI). The bill would narrow the scope of immunity that has been applied to online platforms. Specifically, the SAFE TECH Act would amend Section 230 in the following ways:
Continue Reading SAFE TECH Act Would Limit Scope and Redesign Framework of Section 230 Immunity
French Court of Cassation Decides That an Employer Can Use a Facebook Post to Dismiss an Employee
On September 30, 2020, the French Court of Cassation (“Court”) ruled in favor of an employer that dismissed an employee because of the contents of a Facebook post (the decision is available here, in French). In particular, the employee in this case posted a photograph of a new clothing…
Continue Reading French Court of Cassation Decides That an Employer Can Use a Facebook Post to Dismiss an Employee
FCC Announces Section 230 Rulemaking
FCC Chairman Pai announced today that the FCC will move forward with a rulemaking to clarify the meaning of Section 230 of the Communications Decency Act (CDA). To date, Section 230 generally has been interpreted to mean that social media companies, ISPs, and other “online intermediaries” have not been subject to liability for their users’ actions.
Continue Reading FCC Announces Section 230 Rulemaking
DOJ Proposes Legislation to Limit Section 230 Immunity
The Department of Justice has released a draft bill to amend Section 230 of the Communications Decency Act of 1996, joining the chorus of voices seeking to limit the statute’s liability protections (covered here, here, here, and here). The DOJ’s draft bill incorporates recommendations from its June 2020 report analyzing Section 230, as well as President Trump’s Executive Order on Preventing Online Censorship. According to Attorney General William Barr, DOJ’s proposal “recalibrates Section 230 immunity,” aiming to “incentivize online platforms to better address criminal content on their services and to be more transparent and accountable when removing lawful speech.”
Continue Reading DOJ Proposes Legislation to Limit Section 230 Immunity
The BBB’s National Advertising Division Launches Fast-Track SWIFT Process for Digital Advertising
Last week, the Better Business Bureau’s National Advertising Division (NAD) announced a new expedited process for digital advertising challenges. The SWIFT (Single Well-defined Issue Fast Track) Process will allow businesses to address concerns of transparency and truthfulness on an accelerated basis, with decisions rendered within twenty business days of case initiation. The SWIFT process is currently limited to challenges involving one of three issues: the prominence or sufficiency of disclosures, including disclosure issues in influencer marketing, native advertising, and incentivized reviews; misleading pricing and sales claims; and misleading express claims that do not require review of complex evidence or substantiation such as clinical testing or consumer perception evidence.
Continue Reading The BBB’s National Advertising Division Launches Fast-Track SWIFT Process for Digital Advertising
ICO Updates Guidance on Cookies and Similar Technologies
Back in 2013, we published a blog post entitled, “European Regulators and the Eternal Cookie Debate” about what constitutes “consent” for purposes of complying with the EU’s cookie rules. The debate continues… Yesterday, the ICO published new guidance on the use of cookies and a related “myth-busting” blog…
Continue Reading ICO Updates Guidance on Cookies and Similar Technologies